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Decisions
Ashton and Payne and Māori Television - 2012-054
2012-054

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Te Kāea – item reported on Anglican Church deacon who was allegedly stood down after making a complaint about a man he alleged was the subject of a sexual abuse inquiry – allegedly in breach of controversial issues, accuracy and fairness standards FindingsStandard 6 (fairness) – broadcaster did not have a sufficient foundation for broadcasting serious allegations – broadcaster did not appear to take any steps to corroborate essential facts of the broadcast – unfair to omit other reasons for the deacon’s suspension – given the seriousness of the allegations, the church was not provided with a fair and reasonable opportunity to comment – item was unfair to the church and the Bishop – upheld Standard 5 (accuracy) – it is not the Authority’s role to make a finding on the merits of the alleged sexual abuse and whether this was accurately portrayed in…...

Decisions
Shaw and TVWorks Ltd - 2013-050
2013-050

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989The Nation – discussed the Labour Party’s proposal to increase the number of female caucus members – allegedly in breach of controversial issues, fairness, and discrimination and denigration standardsFindingsStandard 4 (controversial issues) – Labour Party’s proposal was a controversial issue of public importance – two of four panellists who discussed the issue expressed views in support of the proposal – gender of panellists not relevant and spectrum of views meant sufficient balance provided – broadcaster made reasonable efforts and gave reasonable opportunities to provide balance on the issue in the programme – not upheldStandard 7 (discrimination and denigration) – panellists did not comment on women in general – programme did not encourage discrimination or denigration against women as a section of the community – not upheldThis headnote does not form part of the decision....

Decisions
Rupa and Television New Zealand Ltd - 2011-055
2011-055

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Waitangi: What Really Happened – docu-drama about events leading up to the signing of the Treaty of Waitangi – allegedly in breach of controversial issues, accuracy, fairness, discrimination and denigration, and responsible programming standards FindingsStandard 4 (controversial issues), Standard 5 (accuracy), Standard 6 (fairness), Standard 7 (discrimination and denigration), Standard 8 (responsible programming) – complainant’s concerns are matters of personal preference and editorial discretion – decline to determine under section 11(b) of the Broadcasting Act 1989 This headnote does not form part of the decision. Broadcast [1] Waitangi: What Really Happened was broadcast on TV One at 8. 30pm on Sunday 6 February 2011. The programme was a docu-drama following the events leading up to the signing of the Treaty of Waitangi in 1840....

Decisions
Christian Heritage Party and Television New Zealand Ltd - 1996-041
1996-041

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-041 Dated the 18th day of April 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by CHRISTIAN HERITAGE PARTY Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Fakaosi and Television New Zealand Ltd - 1996-175, 1996-176
1996-175–176

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-175 Decision No: 1996-176 Dated the 12th day of December 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by TEMALOTI FAKAOSI (2) of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Terry and Television New Zealand Ltd - 1997-180, 1997-181, 1997-182
1997-180–182

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1997-180 Decision No: 1997-181 Decision No: 1997-182 Dated the 18th day of December 1997 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by ROBERT TERRY of Reefton Broadcaster TELEVISION NEW ZEALAND LIMITED S R Maling Chairperson L M Loates R McLeod J Withers...

Decisions
Tichbon and TV3 Network Services Ltd - 1999-197
1999-197

Summary An item entitled "Prisoner of Law" examined the situation of a solo New Zealand mother who had given birth to a child in Sydney. It explained that in order to maintain custody of her child, she was required by the Australian Family Court to live in Sydney. The programme was broadcast on TV3’s 20/20 at 7. 30pm on 13 June 1999. Mr Tichbon complained to TV3 Network Services Ltd, the broadcaster, that the item was unbalanced. It contravened the standards, he wrote, as the father was not asked for his perspective. Furthermore, Mr Tichbon added, the father was secretly filmed at the handover of the child. Explaining that the intention of the item was to illustrate the mother’s predicament and to question the law, TV3 denied that the father was vilified or portrayed as a bad father....

Decisions
James and TV3 Network Services Ltd - 2000-125
2000-125

ComplaintDateline – inaccurate – lacked balance – inadequately researchedFindingsStandard G1 – legitimate to report on research in progress – no uphold Standard G6 – balance achieved in period of current interest – no uphold Standard G15 – not relevant This headnote does not form part of the decision. Summary "Safe and natural" plant estrogens were said to offer relief for symptoms of menopause according to an item on Dateline broadcast on TV3 on 26 April 2000 between 9. 30–10. 30pm. Richard James complained to TV3 Network Services Ltd, the broadcaster, that the programme contained inaccuracies and was unbalanced. He argued that taking plant estrogens was likely to expose women to unacceptable health risks. TV3’s initial response was an informal one. Addressing the points raised by Mr James, it maintained that the programme was not irresponsible, unbalanced or untrue....

Decisions
Werry and Radio New Zealand Ltd - 1994-057
1994-057

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 57/94 Dated the 26th day of July 1994 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of a complaint by JOHN S WERRY of Auckland Broadcaster RADIO NEW ZEALAND LIMITED I. W. Gallaway Chairperson J. R. Morris R. A. Barraclough L. M. Dawson...

Decisions
Chowan and Chowan Motors Ltd and Television New Zealand Ltd - 1996-038, 1996-039
1996-038–039

BEFORE THE BROADCASTING STANDARDS AUTHORITY Decision No: 1996-038 Decision No: 1996-039 Dated the 28th day of March 1996 IN THE MATTER of the Broadcasting Act 1989 AND IN THE MATTER of complaints by DARRYLL CHOWAN and DARRYLL CHOWAN MOTORS LTD of Auckland Broadcaster TELEVISION NEW ZEALAND LIMITED J M Potter Chairperson L M Loates R McLeod A Martin...

Decisions
Inland Revenue Department and Television New Zealand Ltd - 1999-164–167
1999-164–167

SummaryA defaulting taxpayer said to have incurred a penalty of over $86,000 for non-payment of an $84. 00 tax bill had subsequently committed suicide, according to an item on Holmes broadcast on 2 February 1999 between 7. 00–7. 30pm. In an item on 3 February the programme highlighted other cases where tax bills were said to have escalated to become huge debts. On 4 February Holmes reported that the Inland Revenue Department (IRD) had responded to a previous programme by admitting it was in the wrong in its treatment of a defaulting taxpayer featured on the first programme. A further statement from the IRD read out in the programme on 5 February summarised some previously unreported facts relating to one of the cases referred to in the 3 February item....

Decisions
Ministry of Social Development and TVWorks Ltd - 2008-038
2008-038

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 19893 News – item about Work and Income using taxpayers’ money to pay, on behalf of beneficiaries, the penalty fees incurred in retrieving their impounded cars – allegedly unbalanced, inaccurate and unfair Findings Standard 5 (accuracy) – no inaccurate statements – opinion of interviewees that WINZ was helping beneficiaries to commit crimes was not adopted by the reporter as a statement of fact – not upheld Standard 4 (balance) – conflicting accounts about events on the day of the broadcast – Authority cannot determine whether the reporter made reasonable efforts, or reasonable opportunities were given, to present significant points of view about whether WINZ was assisting illegal activity – decline to determine under section 11(b) of the Broadcasting Act 1989 Standard 6 (fairness) – direct conflict in recollection of events – Authority cannot determine whether MSD was informed about the angle of the story or…...

Decisions
Kiro and RadioWorks Ltd - 2008-108
2008-108

Complaint under section 8(1B)(b)(i) of the Broadcasting Act 1989Michael Laws talkback – discussed the release of a report by the Children’s Commissioner and Barnados which stated a quarter of a million children in New Zealand were living below the poverty line – host made critical comments about the Children’s Commissioner and the report – allegedly unfair and failed to present significant viewpoints Findings Standard 4 (controversial issues) – listeners would not expect a range of balanced views from Michael Laws’ talkback – no discussion of a controversial issue of public importance – not upheld Standard 6 (fairness) – host’s criticisms not unfair in robust talkback environment – important principle of freedom of speech that public officials are open to criticism – not unfair to deny complainant’s request to appear on air during unrelated programme – not upheld This headnote does not form part of the decision....

Decisions
Powell and CanWest TVWorks Ltd - 2005-125
2005-125

Complaint under section 8(1)(a) of the Broadcasting Act 1989Inside New Zealand: Leaving the Exclusive Brethren – experiences of five people who had left the Exclusive Brethren – allegedly in breach of privacy, unbalanced, inaccurate and unfairFindingsStandard 3 (privacy) – no private facts revealed – no offensive intrusion – not upheld Standard 4 (balance) – programme did not discuss a controversial issue of public importance – not upheld Standard 5 (accuracy) – no inaccuracies – not upheld Standard 6 (fairness) – not unfair to the Exclusive Brethren – not upheldThis headnote does not form part of the decision. Broadcast [1] A documentary entitled Inside New Zealand: Leaving the Exclusive Brethren was broadcast on TV3 at 8. 30pm on 18 August 2005. The programme followed the experiences of five people who had left the Exclusive Brethren....

Decisions
Cronin and CanWest TVWorks Ltd - 2004-140
2004-140

Due to Ms Morris’ membership of the Waitangi Tribunal, and participation in the Tribunal’s Inquiry into the Crown’s Foreshore and Seabed Policy in March 2004, the complainant and the broadcaster were consulted prior to consideration of this complaint by the Authority. Both agreed Ms Morris did not have a conflict of interest. Complaint under section 8(1)(a) of the Broadcasting Act 198920/20 – segment on the Foreshore and Seabed Bill entitled Your Shore, Our Shore – allegedly unbalanced, inaccurate and unfairFindings Standard 4 (balance) – other perspectives acknowledged – wide media coverage of the issue – not upheld Standard 5 (accuracy) – misrepresentations of Court of Appeal decision and Foreshore and Seabed Bill – two aspects upheld Standard 6 (fairness) – subsumed under Standard 4Order Broadcast of statement This headnote does not form part of the decision....

Decisions
Nichol and TV3 Network Services Ltd - 2003-131
2003-131

Complaint3 News – Prostitution Reform Bill – interview with Mr Ashraf Choudhary MP who abstained from voting – reference to Muslim background and comments from representatives of Muslim communities who had expected him to vote against the Bill – blamed for passage of Bill – held up to ridicule and contempt – unfair FindingsStandard 4 – MP given right to reply to criticism – no uphold This headnote does not form part of the decision. Summary [1] The Prostitution Reform Bill was passed in Parliament by one vote on 25 June 2003. In an item on 3 News, broadcast on TV3 at 6. 00pm on Thursday 26 June, comment was made that the Bill would not have passed had Mr Ashraf Choudhary MP not abstained. It was pointed out that he was a Muslim and that Muslim leaders were opposed to the Bill....

Decisions
James and Television New Zealand Ltd - 2001-012
2001-012

Complaint60 Minutes – correlation between a particular milk protein and childhood diabetes and heart disease – unbalanced coverage of controversial topic – inaccurate FindingsSection4(1)(d) – soy milk not an aspect of item – omission of reference to soy milk did not result in lack of balance – no uphold This headnote does not form part of the decision. Summary A rare protein found in cow’s milk was implicated as being a factor in heart disease and childhood diabetes according to an item on 60 Minutes broadcast on 12 November on TV One beginning at 7. 30pm. Mr R F James complained to Television New Zealand Ltd, the broadcaster, that the item was unbalanced because it omitted to discuss the causal relationship between soy protein and the development of childhood diabetes....

Decisions
Boyce and Television New Zealand Ltd - 2000-074
2000-074

ComplaintHolmes – Employment Relations Bill – unbalanced – unfair FindingsStandard G6 – no standards issues raised – vexatious – decline to determine This headnote does not form part of the decision. Summary The introduction of the Employment Relations Bill was the subject discussed on Holmes broadcast on TV One on 14 March 2000 beginning at 7. 00pm. The Minister of Labour, a trade union representative, an employer representative and the Opposition spokesperson debated some of the issues. Simon Boyce complained to Television New Zealand Ltd, the broadcaster, that the discussion simplified the highly complex legislation so much that many important concepts, such as collective bargaining, had not been explained. Furthermore, he complained that the participants had not received equal time. TVNZ responded that it did not believe the absence of an explanation about collective bargaining was a breach of broadcasting standards....

Decisions
Bolster and Latimer and Television New Zealand Ltd - 2010-186
2010-186

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Q + A – host interviewed Helen Kelly from the Council of Trade Unions and John Barnett from South Pacific Pictures about controversy surrounding production of the film The Hobbit in New Zealand – host’s approach towards Ms Kelly allegedly in breach of standards relating to good taste and decency, controversial issues, accuracy, fairness and discrimination and denigration FindingsStandard 6 (fairness) – host’s approach aggressive but did not extend to personal attack against Ms Kelly – Ms Kelly should have expected to be interviewed robustly about The Hobbit dispute – not treated unfairly – not upheld Standard 4 (controversial issues – viewpoints) – item discussed a controversial issue of public importance – Ms Kelly given adequate opportunity to present the union’s viewpoint – significant perspectives on the topic presented within the period of current interest – not upheld Standard 1 (good taste and…...

Decisions
Brownlee and Radkhou and Television New Zealand Ltd - 2011-147
2011-147

Complaints under section 8(1B)(b)(i) of the Broadcasting Act 1989Coronation Street – scene contained two female characters kissing – allegedly in breach of good taste and decency, responsible programming, children’s interests and controversial issues standards FindingsStandard 1 (good taste and decency) – kissing scene was brief and innocuous – not made less acceptable by the fact the kiss was between two women – content was consistent with the programme’s G rating and not unsuitable for children – contextual factors – not upheld Standard 8 (responsible programming) – programme was correctly rated G and screened in appropriate time-band – not upheld Standard 9 (children’s interests) – broadcaster adequately considered children’s interests – not upheld Standard 4 (controversial issues) – standard only applies to news, current affairs and factual programmes – Coronation Street was a fictional drama – not upheld This headnote does not form part of the decision....

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